hmmm
I think I found something, now, can anyone tell me the validity of the following "info" (found them on a lawyers website)?
6. What should I do if I'm asked to take field sobriety tests (FSTs) such as touching my nose, walking the line, saying my ABCs, etc.?
Tell the officer "no". You are not required to do them (almost no one can pass them anyway). Unlike refusing to take the Intoxilyzer 5000 breath test, urine test or a blood test (which may result in the suspension of your driving privileges), or the Preliminary Breath Test (PBT) (which may result in a fine), there is no penalty for not taking Field Sobriety Tests. All you are doing by taking the Field Sobriety Tests is giving the officer additional evidence against you.
7. Should I agree to take a Preliminary Breath Test?
Preliminary Breath Test devices are usually small, hand held, breath testing units carried by officer’s to field test for DUI. Preliminary Breath Test results are not admissible in court, except to show probable cause. Failure to take a Preliminary Breath Test does not carry a license suspension but usually results in a fine. By agreeing to take the test you are helping the officer to build a case against you. But only you can decide whether to refuse or to take the Preliminary Breath Test, based on weighing the fine and court costs against the evidence you are giving to the officer.
8. Should I agree to take a breath, blood or urine chemical test? What happens if I don't?
The consequences of refusing to submit to a blood, breath or urine test has severe consequences in the State of Kansas:
(1) Your driver's license may be suspended for one year for a first offense; two years for a second offense within five years; three years for a third offense within five years; ten years for a fourth offense within five years; and lifetime revocation for a fifth offense within five years. This is true even if you are found not guilty of the DUI charge.
(2) The fact of refusal can be introduced into evidence as "consciousness of guilt". Of course, your defense counsel is free to offer other reasons for the refusal.
Thus, the decision is one of weighing the likelihood of a high breath, blood or urine alcohol reading against the consequences for refusing.
